J.R.Srinivas, v. The Commissioner,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.30340 of 2015 Dated 11th February, 2016 Between:

J.R.Srinivas

...Petitioner

And The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad and others

...Respondents

Counsel for the petitioner: Sri Pramod Singh Counsel for respondent Nos.1 & 2: Sri P.Kesava Rao Counsel for respondent No.4: Sri J.Suresh Babu for Sri K.Mahipathi Rao The Court made the following:

ORDER:

This writ petition is filed for the following substantive relief: "...issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st and 2nd respondents in considering petitioner's representation dt.29.12.14, 29.06.2015 and 10.09.2015 as illegal, arbitrary, and contrary to law and consequently direct the 1st and 2nd respondents herein to forthwith consider petitioner representations and initiate action on the same and demolish the illegal and unauthorized constructions raised in open space of premises bearing No. 3-6-138, Himayatnagar, Hyderabad, purported to be premises bearing No.3-6- 138/17, Himayatnagar, Hyderabad." At the hearing, Sri P.Kesava Rao, learned Standing Counsel for GHMC, submitted that the Corporation has issued notices under Sections 452(1) and 461(1) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') and passed an order under Section 452(2) and also

issued a notice under Section 636 of Act and that before the building was removed, respondent No.4 has filed a civil suit and obtained an interim injunction. He has further submitted that serious efforts have been made to see that the injunction order is vacated and that as soon as the injunction order is vacated, the Corporation will take appropriate steps for removal of the building.

In the light of the above submissions of the learned Standing Counsel, no further adjudication of the writ petition is necessary and the writ petition is accordingly dismissed with the direction to the Corporation to do the needful as submitted by its Standing Counsel.

As a sequel to dismissal of the writ petition, WP.MP.No.39237 of 2015 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 11th February, 2016 VGB